The criminal offense of resisting arrest—also known as resisting a peace officer—occurs when a person uses any amount of physical force to resist, delay, or obstruct a police officer during an arrest. The resistance that gives rise to a criminal offense may be slight and includes (1) struggling with police officers as they try to place handcuffs on a person and (2) giving police a false name during questioning.

Resisting arrest laws vary from state to state—in California, for example, the law includes delaying or obstructing an emergency medical technician. Resisting arrest is usually a misdemeanor offense. Resisting arrest laws are generally located in a state’s statutes—often in the penal or criminal code.

In Georgia, the criminal offense of resisting arrest is codified under the Official Code of Georgia Annotated (O.C.G.A.) § 16-10-24, which addresses the offense of obstructing or hindering law enforcement officers. According to this statute, it is unlawful for any person to knowingly and willfully resist, obstruct, or oppose any law enforcement officer or other person legally authorized to make an arrest, while the officer is in the course of their duties. This includes actions such as struggling during handcuffing or providing false information to the police. The offense is typically classified as a misdemeanor; however, if the act of resistance or obstruction involves a threat or violence towards the officer, it can be elevated to a felony. The specific penalties for resisting arrest can include fines, imprisonment, or both, depending on the circumstances and severity of the offense.